HANUMANTHARAYAPPA AND ORS. Vs. MANJUNATH S. AND ORS.

JUDGEMENT

(1.) BY judgment and award dated 25.6.2013, the claim petition filed by the appellants -claimants under section 166 of the M.V. Act in MVC No. 7543/2011 came to be dismissed by Motor Accident Claims Tribunal and XIX Addl. Small Causes Judge, Bangalore. Aggrieved by the dismissal of the claim petition, this appeal is preferred by the appellant -claimants.

(2.) THE brief facts which gave rise to this appeal are as under: -

(3.) THE claim petition was contested by the insurer of the car and the bus. It is the case of the insurer of the car that at the time of accident deceased Govindaraju was driving the car, Manjunath his friend was sitting by his side, that the accident occurred purely due to rash and negligent driving of the car by deceased Govindaraju, on account of his rash and negligent driving, the car dashed against the road divider in a great speed and thereafter car dashed against the KSRTC bus. As such, the insurance company has sought for dismissal of the claim petition as not maintainable as against the owner and insurer of the car since the accident occurred on account of negligence of deceased Govindraju, the driver of the car.